Linares v. Richards

The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge.

MEMORANDUM AND ORDER

The Court is in receipt of defendants' so-called "First Motion for Extension of Time to Complete Discovery," ECF Docket Entry ("D.E.") #56, filed September 27, 2010.*fn1 For the following reasons, the request is denied.

First, defendants' application does not comply with this Court's Individual Rules, which require, inter alia, that the applicant first consult with opposing counsel and specify whether the application is on consent or opposed.*fn2

Second, in granting the parties' fourth extension request (until September 15, 2010), the Court warned the parties that this was "the final extension." Endorsed Order, D.E. #53.

Third, although the Court subsequently granted a three-week extension, due to defendant Richards' back problems, see Endorsed Order (Sept. 7, 2010), D.E. #55, the Court did so in response to an application that was supported by a letter from Richards' treating physician, summarizing his diagnosis (lumbar radiculopathy) and prognosticating that Richards would be able to testify "after the next 4-6 weeks . . . ." Letter of Jeffrey J. Miller, D.O., dated August 6, 2010, attached to Letter, D.E. #54 at 5. Defendants' latest request is unsupported by any medical documentation, and rests solely on defense counsel's assertion that Richards' "condition has not improved." Certification of Robert W. Keddie, III, Esq. ¶ 2 (Sept. 27, 2010) ("Keddie Cert."), D.E. #56-1.

Finally, even if this Court were inclined to defer the deposition of defendant Richards, the defense proffers no basis whatsoever for extending all discovery for ninety days, until December 29, 2010. See generally Keddie Cert.

Accordingly, defendants' request is denied. Consistent with the Court's Endorsed Orders of July 15, 2010, D.E. #53, and September 7, 2010, D.E. #55, discovery ends on October 5, 2010, and requests for a premotion conference are due by October 13, 2010.

SO ORDERED.

Dated: Brooklyn, New York September 30, 2010

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE

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